Political Reviews

The Region in Review: International Issues and Events, 2016 nic maclellan

Melanesia in Review: Issues and Events, 2016 alumita l durutalo, budi hernawan, gordon leua nanau, howard van trease

321 Melanesia in Review: Issues and Events, 2016

New Caledonia, Papua New Guinea, regulating where people live and the and Timor-Leste are not reviewed in types of structures people occupy in this issue. these areas. This is partly a legacy of the colonial practice of “indirect Fiji rule,” whereby Fijian chiefs ruled Fiji’s vulnerability to climate change their people on behalf of the colonial was tested throughout 2016 with administrators. Villagers were not cyclones, the most powerful being really taught to develop their resources Severe Tropical Cyclone Winston on for economic benefit but rather 20 January 2016. Winston was the continued to live subsistence or semi- strongest cyclone ever recorded in subsistence lifestyles. This arrange- the history of Fiji or the South Pacific ment was still very much the same in Basin. This category five cyclone left 2016, but with some changes in the forty-four people dead and at least administrative system. Village bylaws thirty-five thousand people homeless did not include strict housing regula- in Fiji (Fiji Sun Online 2016; Thack- tions. Those who have money to do so ray 2016). can build safe houses; others can only Recovery efforts have been slow. afford very basic shelters. At the beginning of 2017, almost a Nonindigenous and indigenous year after Winston, tents were still Fijians who wanted to live closer to being used in parts of Fiji for hous- urban areas but cannot afford to pay ing and for schools. The devastation rent have ended up in squatter settle- has added not only to the Fiji governments around the peripheries. Housing ment’s ongoing financial burdens but in these areas often does not adhere to also to its long-term responsibilities to any government-approved standard mitigate the impacts of climate change (see Fiji Government 2011). However, in the country. Recently, changing increasing climate change–related weather patterns have produced new emergencies such as cyclones and problems in Fiji requiring urgent flooding have amplified the govern- solutions. For instance, after Winston ment’s responsibility to implement destroyed so many buildings and new building standards to safeguard homes, it was realized that most were people from the devastating impacts of structurally weak and unable to with- natural disasters. stand such mega-storms. While the Fiji government has been From the colonial period on, a active in its attempt to help people significant percentage of Fiji’s popu- to rebuild, perhaps the main chal- lation has remained in rural villages lenge for its Climate Change Unit is or, increasingly, on the peripher- to ensure that these new structures are ies of urban centers. But also since able to withstand drastic cyclones and the colonial period, governments flooding. The Climate Change Unit have had very little involvement in has already relocated some villages

341 342 the contemporary pacific • 29:2 (2017) due to the direct impact of climate seventy-seven thousand people with change in some areas in Fiji (Chandra emergency needs. Besides rebuilding 2015). some of the schools destroyed by the Another challenge, evolving since storm, Fiji Red Cross has also “pro- 1987, is linked with Fiji’s political vided communities with clean water, economy and stalled development emotional support to help people issues due to recurring coups. Four process the trauma of the emergency coups in the small island state have and its aftermath, [and] information had ongoing and long-term socio on health risks” (ifrc 2017). political and economic impacts on the A major contribution by Fiji Red government’s priorities. Each post- Cross, in partnership with the Inter- coup military government, from 1987 national Federation of Red Cross to 2006, has been concerned less with and Red Crescent Societies (ifrc), looking after people than with finan- has been the rebuilding “safer and cially securing military rule through stronger homes that are more resis- such policies as increasing the military tant to future cyclones.” As explained budget (Durutalo 2016, 106). Devel- by Filipe Nainoca, director of Fiji opment gaps exposed after the cyclone Red Cross: “Through our Build Back were partially filled by aid donors. Safer programme we design and After Tropical Cyclone Winston, build demonstration houses that are Fiji received initial international built to withstand severe storms. We contributions for rebuilding from have also trained more than 60 local New Zealand and Australia. Despite carpenters who have taken their skills her tough stand against these two back to their villages” (ifrc 2017). neighbors following the 2006 military Red Cross rebuilding efforts in Fiji coup, Fiji readily accepted their aid are quite advanced in local com- packages, which included military munities, not only teaching people personnel to help with the rebuilding. how to build stronger homes but also Additional assistance poured into Fiji how to safeguard freshwater springs from the international community from contamination. Red Cross including France, India, Japan, the Cyclone Winston recovery efforts in People’s Republic of China, the United Fiji will continue through May 2017 States, and regional countries such as (ifrc 2017). French Polynesia, Tonga, and Nauru. In January 2016, prior to the Assistance was also received from arrival of Winston in the Fiji group, international financial institutions Moscow’s export to the Fiji military like the Asian Development Bank and forces had already arrived at Suva’s international humanitarian organiza- Kings Wharf. The export reflected tions like the Red Cross (Fiji Govern- Fiji’s new (post–2006 military coup) ment 2016). foreign policy focus on “looking to The Red Cross has been particu- Moscow.” The load of twenty-five larly active in helping Fiji to rebuild, sealed containers that were taken to despite a shortage of builders and the Queen Elizabeth Army Barracks building materials. One year after in Nabua under heavy military guard Winston, Fiji Red Cross has helped was described by the Fiji govern- political reviews • melanesia 343 ment newspaper, the Fiji Sun, as an high-ranking military officer, was “Arms Boost from Russia” (Bolatiki appointed as police commissioner. 2016). The containers held “Russian After the 2000 and the 2006 military weapons, ammunition and vehicles” coups, other army officers became (The Economist 2016), which were to diplomats and police commission- be used by Fijian soldiers on inter- ers. Sitiveni Qiliho, former Land national peacekeeping duties in the Force commander in the Fiji Military Sinai desert in Egypt and in the Golan Forces (who was also linked with Heights, near the Israel and Syrian army brutality after the 2006 coup), borders. is the current police commissioner. He This deal was brokered in 2013 replaced Fiji’s former commissioner of between Fiji Prime Minister Voreqe police, Ben Groenewald, who resigned Bainimarama and Russian Prime after alleging military intervention in Minister Dmitry Medvedev and came police work. Groenewald completed into clear view in 2014 when Fiji an investigation into the beating of abstained from voting against Russia several prison escapees by police in the United Nations on Russia’s officers. Three of the police officers bid to annex Crimea (The Economist who were charged in the beating were 2016). This is the usual price paid for subsequently recruited to join the political favors or aid by small, vulner- army (abc News 2015). able Island states that have nothing to Fiji’s ongoing attempts to revali- offer their big rich friends but votes in date and reinterpret the rule of law the United Nations. to suit certain agenda pose a chal- Reacting to the “Russian delivery,” lenge to the legal system. Two written Opposition members of Parliament constitutions—the 1990 one after claimed that the Russian military Sitiveni Rabuka’s 1987 coup and the weapons had entered Fiji illegally, 2013 version after Bainimarama’s without proper authorization by 2006 coup—included “Immunity the police. Additionally, some even Decrees” pardoning all those who claimed that arms were bought for the took part in the military coups and purpose of “threatening the opposi- the illegal overthrow of two elected tion” (The Economist 2016). governments (see Constitution of the Between 1987 and 2016, suppress- Sovereign Democratic Republic of Fiji ing opposition to government has been 1990, chapter 14; Constitution of the more conspicuous and the militariza- Republic of Fiji 2013, chapter 10). tion of the state more pronounced. Between June and September 2016, Military control of police and other two Opposition members of Parlia- institutions of the state has been ongo- ment—Tupou Draunidalo from the ing since the 1987 military coups and National Federation Party (nfp) and includes the appointment of army offi- Ratu Isoa Tikoca from the Social cers to serve as diplomats in overseas Democratic Liberal Party (sodelpa)— missions, in senior civil service posi- were suspended indefinitely from tions, and as police commissioners. Fiji’s Parliament (rnz 2016a, 2016e). For instance, in 1992, after serv- They joined another Opposition ing as a diplomat, Isikia Savua, a member of Parliament, Ratu Naiqama 344 the contemporary pacific • 29:2 (2017)

Lalabalavu, also from sodelpa, who prior to the interrogations, they had been suspended in 2015 for two were part of a group that attended years (rnz 2015a). The decision by a public forum organized by Pacific the Inter-Parliamentary Union (ipu) to Dialogue on Fiji’s 2013 Constitu- lift the two more recent suspensions tion (abc News 2016). Despite the was ignored by the Fiji government fact that the group was later released (rnz 2016b). The nfp’s Draunidalo without any charges, their case files has since resigned from Parliament. were handed over to the director of The nfp leader, Professor Biman public prosecution for review (Tahana Prasad, stated that penalties and sanc- 2016). This incident triggered discus- tions must be based on the exercise of sion and concern among Fijians about reason. He added that Draunidalo’s what some saw as a heavy-handed suspension showed the oversensitiv- response by the government. This is a ity of the Fiji First party, currently sign that politics in Fiji is still a work in power, to any form of criticism in progress. directed against them (rnz 2016a). Fiji’s coup culture has also brought By June 2016, leadership reshuffles with it a lot of institutional violence, in sodelpa saw the return of Sitiveni leading to severe harm and even death Rabuka, former coup leader in 1987 at the hands of local and national and prime minister from 1992 to security forces. In October 2016, 1999, as new party leader (rnz Prime Minister Bainimarama, Attor- 2016d). This caused some conflict ney General Aiyaz Sayed-Khaiyum, in the party, as some members did and Police Commissioner Qiliho not want a former coup leader to expressed a political commitment to head sodelpa (rnz 2016c). Others end torture and ill-treatment of people consider Rabuka to be the only person in Fiji. This was a follow-up to Fiji’s who can beat Bainimarama in the ratification of the Convention against 2018 elections, given Rabuka’s mili- Torture and Other Cruel, Inhuman or tary background and history as a coup Degrading Treatment or Punishment, leader–turned–prime minister (Delai- in March 2016 (Amnesty International batiki 2016). 2016, 4). In September 2016, five prominent An Amnesty International Report opposition politicians were interro- released in Fiji in 2016 provided an gated for twenty-four hours in Suva’s in-depth analysis of brutality at the Central Police Station. The group hands of the security forces between included nfp leader Biman Prasad, 2012 and 2016. Some of the stories sodelpa leader Sitiveni Rabuka, were unknown to Fijians in Fiji due General Secretary of Fiji Council of to continued censorship through the Trade Unions Attar Singh, former 2010 Media Industry Development politician Professor Tupeni Baba, and Decree, which is still in effect (rnz Jone Dakuvula from the nongovern- 2015b). As explained in the report, a mental organization Pacific Dialogue. huge problem also relates to “the lack flp leader Mahendra Chaudhry also of independent oversight and near- handed himself in for interrogation impunity for such crimes increases the when he returned to Suva. A week risks of torture and other ill-treatment political reviews • melanesia 345 occurring. The police are effectively International report draws attention to left to police themselves, and the critical issues of justice and the exer- military has interfered with policing cise of the rule of law. The report also investigations where it involves mili- stresses the need for systemic change tary officers as alleged perpetrators” within the security forces and a com- (Amnesty International 2016, 5). mitment to safeguarding human rights The Amnesty International report (2016, 29). also highlighted that “the Commis- alumita l durutalo sioner of Police, Commissioner of Corrections and Commander of the Royal Fiji Military Forces (all senior References military officers) have the discretion to appoint, remove and discipline abc News. 2015. Fiji Police Commissioner their own officers and report to the Ben Groenewald Resigns, Replaced with Military Commander. 10 Nov. http:// Minister of National Security and www.abc.net.au/news/2015-11-10/fiji Defence” (Amnesty International -police-commissioner-ben-groenewald 2016, 5), who is usually a former -resigns/6928358 [accessed 5 April 2017] military officer. Given the political culture of militarization and state ———. 2016. Fiji Police Release Five violence in Fiji, it is difficult to ensure Opposition Figures Detained after Consti- tution Forum. 10 Sept. http://www.abc transparency, justice, and the protec- .net.au/news/2016-09-11/fiji-police-release tion of human rights. -four-detained-opposition-figures/7834424 In summary, natural and political [accessed 6 April 2017] problems confronted Fiji throughout 2016. Climate change challenges Amnesty International. 2016. Beating through tropical cyclones and flooding Justice: How Fiji’s Security Forces Get Away with Torture. 4 Dec. http://www exposed Fiji’s geographical vulnerabil- .amnestyusa.org/sites/default/files/fiji ities. A year after the natural disasters, _report_asa_1851492016.pdf [accessed new developmental issues like meeting 5 April 2017] building standards and a shortage of building materials continue to delay Bolatiki, Maika. 2016. Arms Boost from rebuilding efforts. Russia. Fiji Sun, 15 Jan. http://fijisun.com .fj/2016/01/15/arms-boost-from-russia/ As seen in 2016, the government [accessed 6 April 2017] has been swift in clamping down on meetings they consider subversive or Chandra, Torika. 2015. Village Reloca- as posing a threat to the administra- tions. Fiji Times, 13 Feb. http://www tion. Repressive edicts, such as the .fijitimes.com/story.aspx?id=294897 Media Industry Development Decree, [accessed 6 April 2017] underscore the problems with the Constitution of the Republic of Fiji. 2013. government in power. Freedom of http://www.fiji.gov.fj/getattachment/ speech and freedom of expression 8e981ca2-1757-4e27-88e0-f87e3b3b844e/ continue to be eroded. Click-here-to-download-the-Fiji Fiji’s current political problems -Constitution.aspx [accessed 5 April 2017] did not emerge overnight and they Constitution of the Sovereign Democratic continue to evolve. The Amnesty Republic of Fiji. 1990. Archived online 346 the contemporary pacific • 29:2 (2017) by the Pacific Islands Legal Information -cyclone-winston-many-still-in-need-as Institute (PacLII), University of the South -reconstruction-efforts-continue/ [accessed Pacific: http://www.paclii.org/fj/promu/ 6 April 2017] promu_dec/cotsdrofd1990712.pdf rnz, Radio New Zealand. 2015a. Fiji mp [accessed 5 April 2017] Suspended for Slur. 22 May. http://www Delaibatiki, Nemani. 2016. Bainimarama .radionz.co.nz/international/pacific-news/ vs Rabuka. Fiji Sun Online, 4 June. http:// 274317/fiji-mp-suspended-for-slur fijisun.com.fj/2016/06/04/bainimarama [accessed 6 April 2017] -vs-rabuka/ [accessed 6 April 2017] ———. 2015b. Fiji’s Media Decree to Durutalo, Alumita. 2016. The Politics of Stay. 19 May. http://www.radionz.co.nz/ Security and Insecurity in Fiji: Delving into international/programmes/datelinepacific/ and Including Indigenous Epistemologies audio/201754966/fiji’s-media-decree-to and Knowledge Systems—Implications for -stay [accessed 6 April 2017] Education in Fiji. Micronesian Educator: ———. 2016a. Fiji mps’ Suspension Stirs A Journal of Research & Practice on Outrage and Support. 4 June. http://www Education in Guam and Micronesia 23. .radionz.co.nz/international/pacific-news/ The Economist. 2016. Fiji’s Army-Tainted 305631/fiji-mp%27s-suspension-stirs Politics: Corking the Genie. 21 Jan. http:// -outrage-and-support [accessed 5 April www.economist.com/news/asia/21688925 2017] -keeping-peace-abroad-seems-have ———. 2016b. ipu calls for Fiji to Lift -troubling-impact-home-corking-genie mps’ Suspension. 7 Nov. http://www [accessed 5 April 2017] .radionz.co.nz/international/pacific-news/ Fiji Government. 2011. Republic of Fiji: 317502/ipu-calls-for-fiji-to-lift-mps%27 The National Housing Policy. 11 March. -suspension [accessed 6 April 2017] http://www.worldurbancampaign.org/sites/ ———. 2016c. Outgoing Fiji sodelpa default/files/psup-action-items/fiji_national Leader against Rabuka at Helm. 20 June. _housing_policy.pdf [accessed 6 April http://www.radionz.co.nz/international/ 2017] pacific-news/306837/outgoing-fiji -sodelpa-leader-against-rabuka-at-helm ———. 2016. International Donors Come [accessed April ] To Fiji’s Aid. Press release, 25 Feb. http:// 6 2017 www.fiji.gov.fj/Media-Center/Press ———. 2016d. Sitiveni Rabuka Wins -Releases/INTERNATIONAL-DONORS Leadership of Fiji’s sodelpa. 24 June. -COME-TO-FIJI-S-AID.aspx [accessed http://www.radionz.co.nz/international/ 5 April 2017] pacific-news/307185/sitiveni-rabuka-wins -leadership-of-fiji’s-sodelpa [accessed Fiji Sun Online. 2016. The Year in Review 5 April 2017] 2016. 31 Dec. http://fijisun.com.fj/2016/ 12/31/2016-the-year-in-review/ [accessed ———. 2016e. Third Opposition mp 5 April 2017] Suspended from Fiji Parliament. 30 Sept. http://www.radionz.co.nz/international/ , International Federation of Red ifrc programmes/datelinepacific/audio/ Cross and Red Crescent Societies. 2017. 201818083/third-opposition-mp Fiji: One Year On from Cyclone Winston, -suspended-from-fiji-parliament [accessed Many Still in Need as Reconstruction 6 April 2017] Efforts Continue. 17 Feb. http://www.ifrc .org/en/news-and-media/press-releases/ Tahana, Jamie. 2016. Fiji Arrests Cast asia-pacific/fiji/fiji---one-year-on-from Grave Concerns. Radio New Zealand political reviews • melanesia 347

International, 12 Sept. http://www.radionz questions the legitimacy of the ulmwp .co.nz/international/pacific-news/313110/ to represent Papua as a nation, even fiji-arrests-cast-grave-concerns [accessed though his organization signed the 5 April 2017] declaration. He claims that only the Thackray, Lucy. 2016. Death Toll in Fiji frwp holds the status of a state and Rises to 44. Daily Mail Australia, 25 Feb. thus has the legitimacy to deal with http://www.dailymail.co.uk/news/article Indonesia as an equal. -3463347/Death-toll-Fiji-rises-44-10 While the claim remains -month-old-baby-presumed-dead unresolved, it does not hinder the -catastrophic-Cyclone-Winston-tore operations of ulmwp in representing -country-wiping-village.html [accessed Papua at international fora. In 2015, April ] 6 2017 the ulmwp gained further historic momentum when it was granted observer status at the Melanesian Spearhead Group (msg), a subregional Papua diplomatic forum. This status signi- At the end of 2014, thanks to the fies the first international recognition strong commitment of Vanuatu’s of Papua as a political entity and has elders, Papuan leaders signed the galvanized grassroots support both Saralana Declaration that served inside and outside Papua. as the basis to establish the United Developments in the Pacific have Liberation Movement for West Papua profoundly reshaped relations not (ulmwp) in Vanuatu. This step only between Indonesia and the Pacific symbolized the unification of Papuan but, more broadly, between the Pacific leadership, which includes the Federal and the rest of the world. Pacific Republic of West Papua (frwp), the nations have become much more West Papua National Coalition of assertive in expressing their identi- Liberation (wpncl), and the National ties and interests. They are aware of Parliament for West Papua (npwp). their potential as key players in the Since then, the umbrella organization region and are able to negotiate with has become the rising star in repre- major regional and global players, senting the Papuan resistance move- such as Australia, China, and the ments at international fora, especially United States, to promote their own in the Pacific region. national interest. For instance, despite Five Papuan leaders from differ- its exclusion from the Pacific Island ent generations and time zones were Forum by Australia and New Zealand, unanimously appointed to run the Fiji managed to surmount its isolation secretariat: Octo Mote, Benny Wenda, and secure a presence at one of the Leonie Tanggahma, Rex Rumakiek, most prestigious United Nations (UN) and Jacob Rumbiak. Despite an fora by chairing the g-77 (Group of ongoing struggle within the organiza- Seventy-Seven Developing Countries) tion over leadership, challenges are in 2013 (regarding Fiji’s more recent not being lodged against these indi- international leadership roles, see Nic viduals personally. Rather, the leader Maclellan’s review of issues and events of the frwp, Forkorus Yaboisembut, in the region, this issue). 348 the contemporary pacific • 29:2 (2017)

Within the msg, New Caledonia Semarang, and Denpasar have become and Bougainville have raised agenda hubs for their rallies. items concerning their rights to self- In contrast to other mass demon- determination in relation to France strations such as the self-proclaimed and Papua New Guinea, respectively. “Defending Islam” marches in Jakarta, In 2018 New Caledonia will hold a the police have exhibited zero toler- referendum on self-determination, ance for Papuan rallies. Despite Indo- with two other votes possible up to nesia’s constitutional guarantees of 2022 (Maclellan 2016, 278–279), freedom of assembly, association, and and in 2019 Bougainville will decide expression of opinion for all citizens whether to separate from or remain and residents, authorities have not with Papua New Guinea (abc 2016). hesitated to resort to excessive force to Thus the geopolitics of the Pacific may disperse, arbitrarily arrest, and detain become more dynamic over the next Papuan demonstrators. The Jakarta five years as national boundaries are Legal Aid Institute has documented possibly redrawn. that more than 4,500 Papuan men This context is necessary to and women were arbitrarily arrested understand developments in Papua and detained for less than twenty-four over the last two years. The rise of hours between January and August the Papua issue is not a single and 2016 for taking to the streets to isolated event. Rather, it is rooted in express their political views in thirteen a broader trend of emerging power cities across the country (lbh Jakarta on the part of Pacific nations as 2016). As the police acted simultane- well as the dynamics of Indonesia’s ously in those cities, we can conclude democracy. that such massive and simultaneous If ulmwp is Papua’s rising star on police deployment involving massive the international scene, the Komite resources and personnel across juris- Nasional Papua Barat (knpb, the dictions would have not been possible West Papua National Committee) and without orders from the top. the Aliansi Mahasiswa Papua (Papua The use of excessive force caused Students Alliance) are the two game serious casualties among Papuan changers at the domestic level. These students in Jakarta and Yogyakarta, two Papuan youth organizations share as documented by the Jakarta and the common agenda of self-deter- Yogyakarta Legal Aid Institutes, mination for Papua. Misinterpreted respectively (lbh Jakarta 2016; lbh by Brussels-based think tank Inter- Yogyakarta 2016). However, police national Crisis Groups as “radical” repression has not deterred Papuan (Hernawan 2010), knpb takes the youth from continuing to express their lead in mobilizing the Papuan grass political views in the public arena; on roots to take to the streets expressing the contrary, it seems to only fuel the their support for the ulmwp. Inside militancy of the Papuan youth and Papua, knpb organizes peaceful rallies their supporters across Indonesia. in Jayapura, Wamena, and Dekay. Police brutality, on the other hand, Outside Papua, the major Indonesian continues with impunity. No police cities of Jakarta, Yogyakarta, Manado, officer has been held accountable political reviews • melanesia 349 for alleged human rights abuses that not hesitated to clear the ground by caused serious injury to students, as burning the tropical forest not only the National Commission on Human of Papua but also of North Maluku. Rights (Komnas ham) publicly stated In 2016 the Pusaka Foundation and (Satuharapan.com 2016). The reality its partners documented that the is unchecked police repression in the company contributed to Indonesia’s name of protecting public order. haze disaster, although the company The ulmwp, however, is not denied this charge (Mighty and others the only game in town. Indigenous 2016). In total, Korindo contributed Papuans have also confronted the to the deforestation of five hundred encroaching operations of extractive square kilometers of primary forest industries in many parts of Papua. For (more than twice the size of Sydney, instance, Southern Papua struggles for instance). We can imagine the with Merauke Integrated Food and immediate and long-term impacts of Energy Estate, Paniai with artisanal this extensive palm-oil operation on gold mine and palm-oil projects that Papuan livelihoods, communities, and threaten the environment, Keerom ecologies. with palm-oil plantations, Bintuni Bay While I was conducting research with hosting Tangguh liquid natural in the area in November 2016, a gas project, and, last but not least, landowner expressed his feelings to Mimika continues to confront the five- me: “I don’t want to accept [compen- decade-old problem of Freeport mine sation] because the forest has gone operations that destroy the Mimika and so too have animals, wood, and landscape. rattan. The climate has changed. The Pusaka Foundation, a Jakarta- We can’t use creeks anymore. The based nongovernmental organization, air is dirty.” Korindo activities have has documented the ongoing disputes dramatically degraded the environ- over land between the local communi- ment, which is now inaccessible to ties and three major palm-oil com- the locals. The company also caused panies in Southern Papua: the South factions within the affected commu- Korean corporation Korindo Group, nity as some clans agreed to accept the Menara Group, and the Malaysian compensation money whereas others corporation Tadmax Group. These strongly oppose it. corporations control 6,503 square On a smaller scale, the expan- kilometers of land combined, which is sion of the palm-oil plantation of the nearly ten times larger than the land Nabire Baru company has given rise to area of Jakarta (661.52 square kilo- a similar dispute in Nabire where the meters). The size of the land clearly Yeresiam Gua people, the traditional represents the enormous power of the landowners, opposed the plan to build investors because it covers one-fourth a palm-oil refinery on their sacred site. of the Boven Digoel regency. Korindo The company insisted that they had alone secured the lease for over 1,596 obtained legal documentation of the square kilometers of land from the compensation that they paid to the Indonesian Ministry of Forestry. traditional landowners. As the dispute Based on its lease, Korindo has remained unresolved, the tribe filed a 350 the contemporary pacific • 29:2 (2017) lawsuit in the Jayapura Administrative landowners had never been con- Court to challenge the company, but sulted either by the company or the they lost the case in both the adminis- government prior to the beginnings trative and the appeal courts. of the Freeport operation in 1967, The legal defeat of the Yeresiam two years before Papua was officially Gua people is not unique. Rather, it incorporated into Indonesia. In 1997 exemplifies a common pattern of the the Amungme filed two civil lawsuits power relations between corporations against Freeport in the US Federal and indigenous Papuans in that the Court and in the state of Louisiana, corporations act through formal pro- but the suits were unsuccessful. Since cedures to secure their leases before then, Freeport Indonesia, the Indone- they grab land from the locals through sian operation of Freeport McMoRan, so-called public consultation. “It is operates with huge freedom under a called land grabbing because consul- renewable “Contract of Work” with tation is not done in a transparent, the Indonesian government, which well-informed, and participative secures the company’s work for two manner,” stated Pusaka Foundation to three decades at a time (McKenna Executive Director Franky Samperante 2016, 15, 94). At the time of this (pers comm, March 2017). In many writing, Freeport Indonesia is in three cases, landowners are invited to attend legal disputes with the government of a consultation with a corporation to Indonesia regarding royalty payments, discuss things such as general informa- a share divestment obligation, and an tion about a project plan including obligation to build a smelter inside the benefit schemes that the locals can country. The disputes remain unre- participate in. During this meeting, solved, and both sides are willing to however, specific questions concern- bring the case to international arbitra- ing locals’ agreement or disagreement tion (Jensen and Asmarini 2017). with the project plan are rarely heard. Given these patterns of political Instead, the locals are only asked to repression, environmental destruc- sign a list of attendance, which the tion, and land grabbing in Papua, we corporation then uses to prove that should ask what roles government it has fulfilled its legal obligation to and civil society organizations play hold a public consultation. Corpora- in responding to such challenges. tions often claim that such proof of We might still remember the role of landowner attendance at a public Jaringan Damai Papua (jdp, Papua meeting signifies consent and indi- Peace Network) in addressing Papua’s cates that their land acquisition has conflicts by promoting the concept of been approved by affected community “dialogue” (Tebay 2009) as a frame- leaders. work to address these protracted In a much larger setting, the experi- issues in a comprehensive manner. Led ence of the Amungme and Kamoro by the Papuan Catholic Priest Neles people, who have dealt with Freeport Tebay and Lembaga Ilmu Pengeta- McMoRan’s Grasberg Mine for the huan Indonesia (lipi, the Indone- last fifty years, provides us with a sian Institute for Sciences), jdp has similar situation. These traditional actively persuaded Indonesian national political reviews • melanesia 351 authorities, particularly President Joko erate economic development in Papua Widodo, to be willing to engage in from 2011 to 2014. political dialogue with indigenous and Despite the success of unpacking the nonindigenous Papuans. heavily loaded term “dialogue,” jdp jdp’s achievement is significant. and lipi have not been able to con- First, it successfully introduced and vince the top national policy makers in clarified the term “dialogue” for state Jakarta to take concrete steps toward authorities and the Papuan public dialogue with the Papuan people. The so that both sides have common state agencies dealing with politics and understandings and expectations. jdp security, such as the military, police, organized at least thirteen public con- and national intelligence, remain sultations in thirteen cities in Papua reluctant to go any further than talk- to discuss and clarify the essence of ing about dialogue. They distance dialogue among the Papuans. The themselves from actual dialogue network also engages the nonindig- once they perceive any discourse that enous Papuan community not only to would encourage or lead to a politi- disseminate similar information about cal negotiation with Papuans. As a the dialogue process but also to allow result, dialogue remains confined to a them to express their concerns over conceptual level and is not yet trans- the issues (Siregar and others 2013). lated into policy. This nonindigenous community sup- The reality is that the process of ports the Papuan call for dialogue. trust building between Jakarta and jdp also established an Indonesian Papua goes very slowly (Elisabeth and academics forum for Papua that others 2015). Adriana Elisabeth, one promotes dialogue and encourages of the key proponents of the jpd-lipi Indonesian policy makers to take the dialogue initiative, succinctly sum- Papua issue seriously. marized this problem: “The roots Second, jdp managed to build a remain the same: distrust remains bridge between the highest level of because Indonesia was born to Papua Indonesian national authorities and with a violent face and this is not yet Papuan civil society actors so that resolved” (pers comm, Oct 2015). they were able to sit in the same room To respond to the ongoing vio- discussing various issues, including lence in Papua on the one hand and sensitive topics such as human rights increased international attention violations and the political aspirations to Papua on the other, in the midst of Papuans. Since the jdp’s inception of 2016 the Presidential Advisory in 2009, the network has organized Council (Kantor Staf Presiden [ksp]) at least seven rounds of discussion organized a consultation with civil between Papuan civil society actors society actors from Jakarta and Papua and state actors in closed-door behind closed doors. The consulta- sessions. Part of this achievement was tion resulted in three proposals to the the establishment of the special Unit president: appointing a special envoy for the Acceleration of Development for Papua, bringing three cases to the in Papua and West Papua (up4b), human rights court, and creating a which was given the mandate to accel- new agency to coordinate the imple- 352 the contemporary pacific • 29:2 (2017) mentation of economic development manner. The lack of clear guidance under the Special Autonomy Law. for power sharing and account- Inspired by the work of Jusuf Kalla, ability between the local and central who initiated the peace process of governments has contributed to the Aceh in 2000, the special envoy for minimal level of achievement in terms Papua is meant to advise the presi- of Papua’s development. Unfortu- dent in dealing with the international nately, the national authorities and dimensions of Papua by discreetly the local governments of Papua have engaging in dialogue with ulmwp different opinions. Learning from leaders without making any commit- the success story of Badan Reha- ments. The position will also engage bilitasi dan Rekonstruksi (Agency of the top policy makers in Jakarta in Rehabilitation and Reconstruction) order to create synergy for political for Aceh and Nias, the Indonesian policy toward Papua. National Planning Agency (Bappenas) The second proposal derives from prepared a draft policy to centralize the existing demand to bring dossiers all authorities of otsus funds in its of human rights cases to the Indo- hands. If this happens, the decentral- nesian Permanent Human Rights ized approach of otsus will be seri- Court. The proposal focuses on three ously undermined, in the view of local cases—torture, rape, and extrajudi- governments. cial killings of civilians in Wasior (in As a senior staff member at the 2001) and Wamena (in 2003), and President’s Office explained, “When summary executions of students in these proposals were presented to the Paniai (in 2014)—which have been President, he paid serious attention investigated by Komnas ham but have to the first proposal. He even imme- not yet been heard in court (Komnas diately asked for candidates and we ham 2014; tempo.co 2016). While the gave them three names. But he was Paniai dossier has been pending only not so interested in other propos- for three years, the others have been als” (pers comm, Sept 2016). As of delayed for more than a decade. Apart the end of 2016, however, there had from the lack of political will on the been no follow-up on any of the three part of Attorney General Muhammad proposals. Prasetyo to prosecute these cases, his The reluctance of Jakarta policy office keeps arguing that Komnas makers to address the political ques- ham’s investigation is not adequate tion of Papua has led to a situation in and the evidence is not complete, the msg and the Pacific more broadly whereas Komnas ham argues to the that they cannot avoid, namely, the contrary. As a result, the cases have international recognition of Papua. gone nowhere. During the 71st Session of the United The last proposal specifically aims Nations General Assembly (unga), at addressing the failure of the imple- seven UN member states raised the mentation of the Special Autonomy issue of Papua. “Nauru started the package, particularly in managing intervention by highlighting the issue the Special Autonomy (otsus) Funds of human rights violations in Papua, in an accountable and transparent followed by a newcomer in the dis- political reviews • melanesia 353 course on Papua: the Marshall Islands. Papuans, according to its statement Vanuatu, Tuvalu and the Solomon released on 29 November 2016 (fri Islands followed suit and went one 2016). This is an entirely new develop- step further by specifically highlighting ment because established human rights the issue of the right to self-determina- organizations in Indonesia have never tion for Papuans. Tonga emphasized taken such an explicit position. The the gravity of the problem, and Palau, immediate response from the Indo- another novice, called for construc- nesian authorities was predictable. tive dialogue with Indonesia to solve The fri’s peaceful demonstration the Papua issue” (Hernawan 2016). was dispersed by the police and their Unfortunately, the response from the leaders were arbitrarily arrested. This Indonesian government during the continuing repressive treatment sug- unga session was only to reiterate gests that the Indonesian authorities the principles of state sovereignty and remain unable to resolve their internal noninterference (Hernawan 2016). conflicting policies for dealing with In other words, the Indonesian Papua. The discrepancy between dif- representative to the unga was simply ferent elements within the government disengaged from any discussion on only perpetuates with impunity the Papua, although domestically, dif- cycle of violence against indigenous ferent elements of the government Papuans in various forms by both struggle with finding a solution for state and non-state actors. protracted problems with Papua. This budi hernawan approach reflects the government’s sensitivity over the Papua issue for international audiences, as it would References prefer to confine the issue to domestic and internal spheres. abc, Australian Broadcasting Corporation. On the domestic scene, public 2016. Bougainville and Papua New Guinea Set Target Date for Independence Referen- scrutiny has taken a new turn by the dum. 22 May. http://www.abc.net.au/news/ declaration of Front Rakyat Indonesia 2016-05-23/bougainville-referendum-set (fri, Indonesian People’s Front) for -for-2019/7436566 [accessed 28 March West Papua. Pulling together six Indo- 2017] nesian people’s movements—Partai Elisabeth, Adriana, Neles Tebay, Agus Pembebasan Rakyat (People’s Libera- Sumule, Sudrajat, Cahyo Pamungkas, tion Party), Pusat Perjuangan Rakyat Latifah Anum Siregar, and Septer Manu- Indonesia (The Centre for Indone- fandu. 2015. Bersama-sama Membangun sian People’s Struggle), Pembebasan Papua Damai. Jakarta: Lembaga Ilmu (Student Struggle Center for National Pengetahuan Indonesia dan Jaringan Liberation), Serikat Kebudayaan Damai Papua. Masyarakat Indonesia (Society of fri, Front Raykat Indonesia. 2016. Indonesian Culture), Lingkar Studi Support the Right to Self-Determina- Sosialis (Socialist Study Group), and tion for West Papua! fri–West Papua Perkumpulan Solidaritas Net (Solidar- Declaration, Jakarta, 29 Nov. http:// ity Net Association)—fri supports www.asia-pacific-solidarity.net/ the right to self-determination for southeastasia/westpapua/statements/2016/ 354 the contemporary pacific • 29:2 (2017) fri_supporttherighttoselfdete_291116.htm and North Maluku. August. Washington, [accessed 15 April 2017] dc: Mighty. Hernawan, Budi. 2010. Portraying a Satuharapan.com. 2016. Komnas ham Threat to a Reluctant Government. Salahkan Pemerintah Soal Kasus Paniai Australian Policy Online, 14 June. http:// Papua. 16 Oct. http://www.satuharapan www.apo.org.au/commentary/portraying .com/read-detail/read/komnas-ham -threat-reluctant-government [accessed -salahkan-pemerintah-soal-kasus-paniai 24 March 2017] -papua [accessed 15 April 2017] —— 2016. Listening to the Pacific Beat on Siregar, Latifah Anum, Hamim Mustafa, Papua. Jakarta Post, 29 Sept. http://www Yusman Conoras, and Cory Silpa. 2013. .thejakartapost.com/academia/2016/09/29/ Menuju Papua Tanah Damai: Perspektif listening-to-the-pacific-beat-on-papua.html Non Papua. Jayapura: Aliansi Demokrasi [accessed 24 March 2017] untuk Papua. Jensen, Fergus, and Wilda Asmarini. 2017. Tebay, Neles. 2009. Dialog Jakarta-Papua: Freeport Warns of Arbitration as Indonesia Sebuah Perspektif Papua. First edition. Mining Dispute Escalates. Reuters, 20 Feb. Jayapura: Sekretariat Keadilan dan [accessed 28 March 2017] Perdamaian, Keuskupan Jayapura. tempo.co. 2016. Gov’t Urged to Bring Komnas ham, Komisi Nasional Hak Asasi Human Rights Cases in Papua to Court. Manusia. 2014. Ringkasan Eksekutif April. https://en.tempo.co/read/news/ Laporan Penyelidikan Pelanggaran Hak 28 / / / /Govt-Urged-to Asasi Manusia Berat. Jakarta: Komnas 2016 04 28 055766650 -Bring-Human-Rights-Cases-in-Papua-to ham. -Court [accessed 28 March 2017] lbh Jakarta, Jakarta Legal Aid Institute. 2016. Laporan Penangkapan 2.219 Orang Papua Periode 25 April–3 Mei 2016. Jakarta: Lembaga Bantuan Hukum Solomon Islands Jakarta. Solomon Islands is vulnerable to lbh Yogyakarta, Yogyakarta Legal Aid natural catastrophes like cyclones, Institute. 2016. Laporan Pengepungan tsunamis, floods, and earthquakes as Mahasiswa Papua di Yogyakarta. it is in the “Pacific Ring of Fire.” For Yogyakarta: Lembaga Bantuan Hukum instance, in , a huge earthquake Yogyakarta. 1976 displaced many people, mostly from Maclellan, Nic. 2016. Pacific Diplomacy South Guadalcanal, who are now and Decolonisation in the 21st Century. relocated to other parts of the island. In The New Pacific Diplomacy, edited Likewise, Cyclone Namu in 1996 saw by Greg Fry and Sandra Tarte, 263–281. the destruction of schools and homes Canberra: Press. anu and also resulted in the relocation of McKenna, Kylie. 2016. Corporate Social villages, schools, and infrastructure. Responsibility and Natural Resource Selwyn College, a senior secondary Conflict. London: Routledge. school in the country, was moved from Mighty, the Korea Federation for Environ- the east of Honiara to West Guadalca- mental Movements, skp KAMe Merauke, nal as a result of the effects of Namu. and Pusaka. 2016. Burning Paradise: The In recent years, the frequency of Oil Palm Practices of Korindo in Papua natural disasters occurring is particu- political reviews • melanesia 355 larly high (Catford 2014). The United President Anote Tong succinctly put Nations Office for the Coordination it: “We have no choice but to engage of Humanitarian Affairs (unocha) even more aggressively internation- summarized the impact of some of ally because the key to our survival those disasters: “In April 2007, a will depend on whether international shallow earthquake measuring 8.1 action is taken on climate change or magnitude triggered a tsunami that not. . . . We can and must continue to killed 52 people . . . in the Western work diligently together to influence and Choiseul Provinces. . . . In Febru- world opinion on these issues, because ary 2013, an 8.0 magnitude earth- they matter to us” (2016, 24). quake struck off the coast of the Santa As in preceding years, floods, Cruz Islands . . . followed by a one cyclones, landslides, and the threat of metre high tsunami wave that killed tsunamis continued to be the norm in 10 people. . . . Three days of heavy 2016 in Solomon Islands. The year rain from Tropical Cyclone Ita caused saw continuous heavy rains and wet severe flooding in early April 2014. weather at different intervals that There were 22 confirmed deaths and brought about serious floods and over 50,000 people affected, mainly in dangerous winds. In April, many com- the capital, Honiara, and other areas munities suffered damage to their food of Guadalcanal Province” (unocha gardens and drinking water due to the 2017). effects of a tropical depression, includ- Such disasters are not unique to ing continuous rainfall and flooding. Solomon Islands; other neighboring Villager and farmer Rose Siku stated Pacific Island communities have also that “the damage to her crops would had experiences with drastic weather, affect her family’s livelihood for including pattern changes, in recent several months.” She also said that years. Vanuatu had to pick up the “drinking water was contaminated, pieces after Tropical Cyclone Pam with most people not having access left a trail of destruction and deaths to tank supplies” (rnz 2016a). In in 2015, and Fiji felt the full brunt of October 2016, parts of the Solomons, Tropical Cyclone Winston in 2016 particularly islands in Temotu Prov- with loss of human lives and destruc- ince, close to Vanuatu, again experi- tion of property. These countries are enced heavy rains. And as 2016 was still recovering from various natural coming to an end, another period of disasters, not to mention the hard- torrential rain disrupted infrastructure ship that governments and communi- and affected people’s livelihoods. It ties face in their attempts to rebuild was forecast that during the 2016–17 and move on. The effects of climate cyclone season (which runs from change are undeniable as occurrences November to April) Solomon Islands of extreme weather events increase. could expect as many as ten tropical Solomon Islands and other Pacific cyclones (sto 2016). Island countries will therefore have Toward the end of 2016 and in to work together to influence interna- early 2017, yet another devastating tional decisions that address the effects rain with accompanying floods of climate change. As former Kiribati affected the country, destroying 356 the contemporary pacific • 29:2 (2017) bridges, roads, and food gardens. for St Barbara to neglect the liabili- Flooding in Honiara resulted in no ties associated with a possible future recorded injuries, but patients from environmental catastrophe. Because of the national referral hospital had to the extremely high level of contami- be relocated temporarily (Diisango nated water in its tailings dam (abc 2017). As in the aftermath of previ- News 2015), St Barbara had closed ous tropical depressions and floods, the mine in April 2014 during flash the government with the help of other floods that killed twenty-five people agencies carried out assessments and and destroyed property along the provided supplies to keep people Mataniko River and left 50,000 others going until their food gardens were homeless (abc News 2014, 2016b). once again ready for harvesting. For Since taking over the mine in instance, the Solomon Islands Ports 2015, gcil had tried to bring in new Authority assisted the people of East machinery to dewater (release water Malaita who had been affected by the from) the tailings dam. They man- late 2016 rains and flooding (Saeni aged to secure a dewatering machine 2016b). Natural disasters and suffer- in 2016, but heavy rains started again ings caused by tropical depressions before they could properly install and and cyclones have become a constant activate the equipment. The rains in threat and challenge to Pacific Islands early 2016 resulted in the uncontrolled people and governments. For Solomon release of wastewater from the dam. Islands, “The average annual loss due That prompted communities living to natural hazards and climate related downstream to lodge complaints with events represents about 3 percent the environment and health ministries of the [gross domestic product] or (Armbruster 2016). One of the officers approximately sbd$144 million” who responded to the complaints (ss 2016b). stated, “From our observation, the A particularly notable period dewatering process appeared to be involving a tropical depression and out of control. . . . Due to the heavy heavy rains occurred in April 2016 rain in the area over the past few days, when water from the tailings dam at water from the dam was allowed to the former Gold Ridge mine flowed flow freely through the spillway into into nearby rivers. The mine by then the streams below” (ss 2016c). had been abandoned for about two For the Ministry of Environment, years and was not operational. Two Climate Change, Disaster Manage- years earlier, arrangements had been ment, and Meteorology (mecdm), the made between St Barbara Limited, decision to dewater was likely difficult an Australian company, and a local to make under the pressure of weather company formed by landowners called conditions, but there was a serious the Gold Ridge Community Invest- possibility that the walls of the tailings ment Limited (gcil), and the mine dam might otherwise be breached. was handed over to the local company Ultimately, Director of Environ- for a$100 (Armbruster 2016). On ment and Conservation Division Joe the face of it, this was a good thing, Horokou approved the application but critics saw the transfer as a way by the local owners of Gold Ridge political reviews • melanesia 357 to dewater, and gcil was given a Ulawa Province the hardest hit; the forty-five-day license for the process. quake there measured at 7.9 on the Dr Melchior Mataki, the environ- Richter scale (Manebona 2017). The ment ministry’s permanent secretary, people of Makira, southern parts of stated, “The ideal situation here is for Malaita, northern Guadalcanal, and the discharge from the tsf [Tailing Rennell and Bellona provinces saw Storage Facility] with treatment. But extensive loss of property and dam- the unfortunate thing is that if we do age, especially to homes and public not take any measures to stop the spill facilities. It was reported that almost over then we risk also the integrity of 10,000 people from those areas were the full dam itself” (rnz 2016b). affected by the earthquake. ReliefWeb Unfortunately, there were mixed reported on 14 December, “A nine- messages on the safety of the water year-old child died in Guadalcanal released into the rivers from the Min- when a house collapsed. In total, 191 istry of Health and Medical Services, houses have been destroyed and 114 the medcm, and the company owners, damaged. Eleven schools and a medi- at least from the view of the public. cal clinic have also been damaged by On the one hand, the health minis- the quake” (ReliefWeb 2016). A newly try issued precautionary warnings built wharf in Afio, Malaita Province, at the time of dewatering, instruct- was also damaged by the earthquake ing downstream communities not to (Saeni 2016a). use the water for cooking, drinking, In Kirakira town, the administra- or bathing (rnz 2016b). But on the tive center of Makira-Ulawa Province, other, gcil management referred to a “the quake damaged a hospital, a report by Simon Albert of the Uni- church, and other buildings including versity of Queensland whose assess- the World Vision office” and twenty ment from the top of Metapona River patients had to be evacuated from the and downstream did not mention hospital and taken to safer and higher anything about contamination. gcil grounds (Perry 2016). A mother company secretary Ben Afuga stated, with her one-year-old baby narrowly “I can confirm the test results have missed a brick falling from their shown, in fact, zero concentration of house during the earthquake. She was cyanide and very low concentration of quoted saying, “I felt very hopeless. I arsenic and other hazardous chemi- thought my baby and I would die. . . . I cals” (Fox 2016). With the upcoming heard people shouting and children reopening of the mine, there must be crying. Many people ran to the hills proper assessments of possible future and we joined them” (abc News repercussions based on previous 2016a). The head of World Vision experiences. in Solomon Islands, Janes Ginting, There were also frequent earth- claimed that disaster preparedness and quakes throughout the year, with awareness put together by the govern- a major one occurring outside of ment and other actors over the years Makira in December 2016. Its effects assisted in preventing more damage in were felt in the central and eastern this particular situation. parts of the country, with Makira- A total of 10 aftershocks ranging 358 the contemporary pacific • 29:2 (2017) from 4.5 to 5.5 were recorded (Relief- December 2016, the Lord Howe com- Web 2016). In addition to leaving munity received an early warning sys- some people homeless and destroying tem from the Secretariat of the Pacific all their belongings, the earthquakes Regional Environment Programme and tremors disrupted business and (sprep) through the mecdm. The deterred people from going about system is supposed to allow people their normal activities. Flights were ample time to seek shelter before a canceled, and businesses and schools tsunami strikes (ss 2016b; Filia 2016). were closed. After one big earthquake Since it is a new initiative, it will take in 2016, the residents of Gizo (who time before we know the warning had experienced the effects of earth- system’s level of usefulness. quakes and a tsunami that hit them in People in Solomon Islands are 2007) headed for the hills for fear of a also facing effects of climate change possible tsunami (Diisango 2017). As in terms of sea-level rise. These former World Vision Solomon Islands threats are real and present, and Director Andrew Catford stressed, for some Solomon Islanders living “As the number, severity and random- on artificial and low-lying islands, ness of disasters increases with climate day-to-day experiences have been a change, it is the same group [rural struggle. Prime Minister Manasseh poor] who are becoming more and Sogavare visited Sulufou, one of the more vulnerable” (2014, 116). small islands in Malaita that is vis- There are significant government ibly suffering from sea-level rise. He and donor efforts to try and improve was there to officially open a water both disaster response and mitigation. supply and sanitation system for the In response to the various natural Islanders. Fanalei Island was also disasters of 2016 and the begin- reported as being seriously affected ning of 2017, the national govern- by sea-level rise and the likelihood of ment through the National Disaster Fanalei becoming uninhabitable in the Council (ndc) and National Disaster near future is high (Sanga 2017). As Management Office (ndmo) made Rebecca Monson and her coauthors quick assessments and provided relief wrote, “In some places, this [sea-level support to people. Some of the busi- rise] has resulted in the relocation nesses and organizations that assisted of entire communities from small in 2016 included Kosol Limited, islands and atolls to larger islands. Solomon Islands Red Cross Society, Other communities are currently World Vision Solomon Islands (wvsi), discussing the prospect of relocating the Australian government, and other to higher ground” (2012, 103). The donors and family members work- Conversation reported, “Recently five ing elsewhere (sibc 2016; ss 2016a, reef islands in the remote Solomon 2016d). Islands have been lost completely to More important, given the fact sea-level rise and coastal erosion, and that Solomon Islands is vulnerable a further six have been badly eroded. to all sorts of natural disasters, there These islands . . . range from one to were efforts at the national level to five hectares.” The report also stated set up emergency warning systems. In that Nuatambu Island, which hosted political reviews • melanesia 359 twenty-five families, saw firsthand the President Peter Christian) are all inundation of seawater and the wash- from the Pacific region, it is impor- ing away of eleven houses since 2011 tant that Pacific Islanders strategize (The Conversation 2016). This issue more and work harder to influence is not going to go away; Solomon the outcomes of global decisions that Islands, like other Pacific Islands, will address climate change and sea-level have to make some hard decisions in rise. Climate change and its effects will the future with regard to the reloca- continue to haunt Solomon Islands tion of many of its people. because of sea-level rise, changes to It is therefore important that the weather patterns, and the increased current momentum on climate-change frequency of tropical cyclones, earth- negotiations at international forums quakes, and other extreme natural be maintained and passionately sup- events. As a member of the global ported. Pacific Islands leadership and community, Solomon Islands is influence in the decisions that led to hopeful that the agreements reached the signing of the Paris Agreement in 2017 will complement and add to has been crucial. As sprep confirmed, the global commitments made earlier “The Pacific islands have helped make to mitigate and address some of the world history as the Paris Agreement challenges that come with natural comes into force, with all 14 Pacific disasters. island parties to the United Frame- gordon leua nanau work Convention on Climate Change having ratified the Paris Agreement. Playing a pivotal role with the Alliance References of Small Islands States (aosis) at the Climate Conference in December last abc News, Australian Broadcasting Corporation News. . Infrastructure year [2015] which brought about the 2014 Damage Hampers Relief Efforts in Flood- Paris Agreement, the Pacific islands Hit Solomon Islands, Thousands of People have shown solidarity yet again in in Need. 5 April. http://www.abc.net.au/ ratifying the Agreement which starts news/2014-04-05/an-sols-flood-saturday from the year 2020” (sprep 2016). -update/5369466 [accessed 11 April 2017] And as Tuvalu Prime Minister Enele Sopoaga rightly stated, “I think it is ———. 2015. Landowner Pays $100 for Troubled Solomon Islands Mine Gold timely given the full force of the Paris Ridge from Australian Miner. 4 May. Agreement, that we ourselves clarify http://www.abc.net.au/news/2015-05-04/ and understand those issues so we landowner-pays-one-hundred-dollars-for can address the provisions of loss and -solomons-mine-gold-ridge/6444428 damage in the Paris Agreement with [accessed 10 April 2017] clarity” (Lanyon 2016). ———. 2016a. Solomon Islands Earth- Now that the president of the quakes: Disaster Preparedness Helped United Nations General Assembly “Save Lives,” World Vision Says. 11 Dec. (Peter Thomson from Fiji) and the http://www.abc.net.au/news/2016-12-11/ cochairs of the Pacific Ocean Sum- disaster-preparedness-helped-save-lives-in- mit (Hawai‘i Governor David Ige quake-hit-solomons/8110424 [accessed 10 and Federated States of Micronesia April 2017] 360 the contemporary pacific • 29:2 (2017)

———. 2016b. Work Begins to Drain to Address Climate Change. Fiji Times Tailings Dam at Gold Ridge Mine in Online, 12 Dec. http://www.fijitimes.com/ Solomon Islands. 31 March. http://www story.aspx?id=381836 [accessed 10 April .abc.net.au/news/2016-04-01/work-begins 2017] -to-drain-defunct-gold-mine-in-solomon Manebona, Barnabas. 2017. Earthquake -islands/ [accessed April ] 7293572 10 2017 Expressed as Biggest to Date. The Island Armbruster, Stefan. 2016. Major Tailings Sun, 23 Jan. http://theislandsun.com/ Dam Spill at Solomon Islands “Disaster” earthquake-expressed-as-biggest-to-date/ Gold Mine. sbs News, 8 April, updated [accessed 10 April 2017] July. http://www.sbs.com.au/news/ 21 Monson, Rebecca, Joseph Foukona, article/ / / /major-tailings-dam 2016 04 08 Matthew Fakaia, Daniel Fitzpatrick, John -spill-solomon-islands-disaster-gold-mine Handme, Paul Mae, Jack Maebuta, and [accessed 10 April 2017] Ruth Maetala. 2012. “The Frigate Bird Catford, Andrew. 2014. Community Based Can Soar”: Local Governance and Adapta- Disaster Risk Management: A Necessity in tion to Climate-Induced Displacements in Addressing Climate Change in the Pacific: Solomon Islands. In Pacific Voices: Local A Case Study from Solomon Islands. In Governments and Climate Change; Con- Pacific Voices: Local Governments and ference Papers, edited by Ropate R Qalo, Climate Change; Conference Papers, 102–115. Suva: University of the South edited by Ropate R Qalo, 155–163. Suva: Pacific. University of the South Pacific. Perry, Nick. 2016. Hundreds Affected by The Conversation. 2016. Sea-Level Rise Solomon Islands Quake. US News and Has Claimed Five Whole Islands in the World Report, 9 Dec. https://www.usnews Pacific: First Scientific Evidence. 6 May. .com/news/news/articles/2016-12-09/ https://theconversation.com/sea-level-rise tsunami-warnings-are-cancelld-after-big -has-claimed-five-whole-islands-in-the -pacific-earthquake [accessed 10 April -pacific-first-scientific-evidence-58511 2017] [accessed 10 April 2017] ReliefWeb. 2016. Solomon Islands: Earth- Diisango, Stephen. 2017. Quake, Tsunami quake—Dec 2016. 9, 14, and 24 Dec. Scare: Gizo Residents Head for the Hills. http://reliefweb.int/disaster/eq-2016 Solomon Star, 23 Jan. -000128-slb [accessed 10 April 2017] Filia, Lynton Aaron. 2016. Lord Howe rnz, Radio New Zealand International. Community Receives Early Warning 2016a. Flooding Affects Solomon Islands; System. The Island Sun, 8 Dec. http:// Vanuatu on Alert. 5 April. http://www theislandsun.com/lord-howe-community .radionz.co.nz/international/pacific-news/ -receives-early-warning-system/ [accessed 300661/flooding-affects-solomon-islands 10 April 2017] -vanuatu-on-alert [accessed 8 April 2017] Fox, Liam. 2016b. Solomons Government ———. 2016b. Solomons Tailings Dam Issues Contamination Warnings after Spill under Control. 14 April. http:// Tailings Dam Spill at Gold Ridge Mine. www.radionz.co.nz/international/pacific abc News, 10 April. http://www.abc -news/301501/solomons-tailings-dam-spill .net.au/news/2016-04-11/arsenic -under-control [accessed 8 April 2017] -contamination-fears-after-solomons Saeni, Bira‘au Wilson. 2016a. Damaged -tailings-dam-disaster/ 7317144 Afio Wharf Concerns Residents. Solomon [accessed 10 April 2017] Star, 16 Dec. http://www.solomonstarnews Lanyon, Charlene. 2016. Regional Efforts .com/news/national/11969-damaged-afio political reviews • melanesia 361

-wharf-concerns-residents [accessed 10 Tarte, 21–24. Suva: University of the South April 2017] Pacific; Canberra: Australian National University. ———. 2016b. Flood Victims Get Relief Supplies. Solomon Star, 9 Dec. unocha, United Nations Office for the Coordination of Humanitarian Affairs. Sanga, Lesley. 2017. Plight of Islanders: 2017. Country Profiles: Solomon Islands. Sea Level Rise Takes Its Terrible Toll on http://www.unocha.org/pacific/country Fanalei Villagers. Sunday Star, 8 Jan. -profiles/solomon-islands [accessed sibc, Solomon Islands Broadcasting 10 April 2017] Corporation. 2016. wvsi+kits fo South Mala. 20 Dec. http://www.sibconline.com .sb/wvsikits-fo-south-mala/ [accessed 10 April 2017] Vanuatu sprep, Secretariat of the Pacific Regional Following one of the most tumultuous Environmental Programme. 2016. Pacific years in Vanuatu’s history with the Islands Help Bring Paris Agreement into trial, conviction, and imprisonment of Force. 5 Nov. http://www.sprep.org/ fourteen members of Parliament ( s) climate-change/pacific-islands-help-bring mp -paris-agreement-into-force [accessed on charges of bribery and corruption, 10 April 2017] there was some hope at the beginning of 2016 that things could only get ss, Solomon Star. 2016a. Churches Given better, though remnants of past events Drinking Water. Dec. 30 still remained to be dealt with. Unfor- ———. 2016b. Crucial Emergency Com- tunately, the country faced serious munication System to ndmo. 15 Dec. economic problems stemming from http://www.solomonstarnews.com/news/ the destruction brought in March national/11945-crucial-emergency 2015 by Cyclone Pam—a category five -communication-system-to-ndmo storm that ravaged the archipelago’s [accessed 8 April 2017] eastern and southern islands as well ———. 2016c. Heavy Rain Threatens as the nation’s capital of Port Vila. Tailings Facility. 7 April. http://www The surprise dissolution of Parliament .solomonstarnews.com/news/national/ in November 2015, which triggered 10086-heavy-rain-threatens-tailings a snap election, was not welcomed -facility [accessed 10 April 2017] initially but did have the effect of ———. 2016d. World Vision Joins Govt finally removing the discredited care- Relief Efforts. 12 Dec. taker government of Sato Kilman and sto, Solomon Times Online. 2016. allowing for a fresh start with a host Tropical Low Moves across Solomon of new politicians (Van Trease 2016, Islands. 29 Nov. http://www.solomontimes 484–487). .com/news/tropical-low-moves-across Despite the short time between -solomon-islands/8663 [accessed 8 April when the election was announced 2017] (21 November 2015) and the actual Tong, Anote. 2016. “Charting Its Own voting day (22 January 2016), the Course”: A Paradigm Shift in Pacific electoral process itself proceeded in Diplomacy. In The New Pacific Diplo- the normal way with few problems, macy, edited by Greg Fry and Sandra though the voter turnout was low—a 362 the contemporary pacific • 29:2 (2017) mere 57 percent of registered voters votes cast. The results were divided as compared to 70.4 percent in 2008 follows: 58.7 percent for the top ten and 63.2 percent in 2012. Likewise, parties, 22.8 percent for the remaining several political parties faced difficul- twenty-seven smaller parties, and 18.5 ties in organizing their campaigns, due percent for the sixty-two independents in part to the fact that their leaders (Republic of Vanuatu 2016; Early had been imprisoned. Indeed, fifteen 2016). members of the last Parliament were The root of the problem lies in the banned from contesting the election— fact that Vanuatu’s political culture the fourteen who had been convicted has undergone a significant change plus Willy Jimmy, who pleaded guilty since the early days of independence, and received a suspended sentence. when politics was dominated by only Under section 42 of Vanuatu’s Lead- two main parties—the Vanua‘aku ership Code, when a leader is con- Pati (vp) and the Union of Moderate victed of a breach of the code and is Parties (ump)—with the vp wining dismissed from office, “the leader is a majority of the seats in 1979 (the disqualified from standing for election election just before independence) as, or being appointed as, a leader of and again in 1983 and 1987. Vanuatu any kind for a period of 10 years from uses the Single Non-Transferable Vote the date of the conviction” (Leader- (sntv) system for its nine multi-seat ship Code Act 2006). The selection of constituencies and First Past the candidates was made more difficult Post (fptp) for the remaining eight in some cases when it was rumored single-seat constituencies. The sntv that several imprisoned individuals was adopted to provide a degree of attempted to influence decisions from proportionality, as required under the their cells. constitution, and worked well dur- As a result of the confusion, ing the 1980s. In 1991, however, the fewer candidates contested the elec- vp split, with the result that no single tion—270, representing a total of party obtained a majority, therefore thirty-seven parties plus sixty-two requiring the formation of a coalition independents—compared to 349 government—the pattern that has candidates in 2008 and 345 in 2012. existed since that time (Van Trease Nevertheless, the number was still 2005). large enough to have an impact and to The bribery case and imprison- split the vote, as has been the pattern ment of elected mps was obviously a since the 1990s, to the extent that no prominent issue during the campaign, single party was able to gain a major- but it is clear that it did not have an ity in the fifty-two-seat Parliament. overwhelming impact on the results. The result, once again, was the need There was not a major swing against to form a coalition government. It the parties that constituted the Kilman should be noted that the majority of government as might have been the parties were newly created (ie, expected, given the number of mem- they did not contest earlier elections), bers who had been found guilty and fielded very few candidates, and only imprisoned. The fact was, however, received a small percentage of the total that all the former Kilman government political reviews • melanesia 363 parties were represented in the elec- remaining at 4, rmc remaining at 3, tion and with few exceptions suc- and mpp down from 2 to 1. ceeded in getting members elected—in A better description of the elec- most cases achieving a level of success tion results was that, as usual, they similar to what they had enjoyed in reflected “localised and clientelistic the 2012 election or slightly better. policy platforms, widespread patron- Compared to 2012, the results were age, political fragmentation, and a as follows: the Green Coalition (gc) proliferation of small parties” (Naupa down from 3 to 2, the Iauko Group 2016). Moreover, they indicate that up from 3 to 4, the ump up from 5 to the old Anglophone/Francophone 6, the People’s Progressive Party (ppp) divide still played a part in the elec- down from 6 to 1, and the Vanuatu tion. Indeed, it was not uncommon Republican Party and the Natatok to hear former Kilman government Indigenous People’s Democratic candidates claim that the conviction Party both losing their single seats in of the former government mps was 2016. The poor showing of ppp, the politically motivated, pointing to the party of Prime Minister Sato Kilman, fact that corruption was not new to reflects his weak performance during Vanuatu politics, but that few corrupt the crisis in the last months of 2015, politicians had been indicted in the which probably undermined the party past. The fact that the majority of nationally, though he received the the convicted members were them- highest total vote among the seven selves Francophones and members of candidates on his home island of traditionally Francophone parties (eg, Malakula. the ump, the gc, the Vanuatu Repub- However, the parties that had lican Party, and several from the rmc, constituted the Opposition under which had split) fed the perception of former Prime Minister Joe Natuman some that the old Anglophone/Fran- prior to the January 2016 election— cophone rivalry was still a divisive the vp, National United Party (nup), factor in Vanuatu politics. This is not Graon mo Jastis Pati (gjp), Ras- to say that Francophones are more semblement Des Mouvements Pour Le prone to corruption than Anglophones Changement (rmc), and Melanesian but rather that the former Opposi- Progressive Party (mpp)—were quick tion pressed their case against those to point out that their accusations mps suspected of bribery, and their of corruption and moves against common party affiliations led to this members of the Kilman government perception. had been vindicated and they would In early January, as the campaign have used this fact to promote them- got underway, party leaders who had selves. Nevertheless, the results do not worked together in the Opposition indicate that this argument had much met on Pele Island to negotiate an effect on voter opinion. Compared to agreement to form the next govern- the 2012 election, the results in 2016 ment. They established what they for the major parties that made up the called the Unity Front for Change Opposition were mixed: the vp down (ufc), which included the vp, nup, from 8 to 6, gjp up from 4 to 6, nup gjp, mpp, and Hope Party (vdp, 5 Jan 364 the contemporary pacific • 29:2 (2017)

2017). By February, following publica- Charlot Salwai—a Francophone who tion of the election results, the number had split from the ump the previous had grown to eleven political groups, year, founded his own rmc party, with a total of thirty-six newly elected and worked with the Natuman-led mps, who signed a memorandum Opposition during the period of the of understanding to work together bribery scandal. Clearly, Regenvanu toward the formation of a new coali- and Natuman were prepared to forgo tion government. In addition to the pressing their own claims for the original five parties, the new group- prime ministership for what they saw ing also included the rmc, gc, ump, as a positive move toward creating Vanuatu National Development Party, political stability into the future. Both Nagriamel Movement, and Leaders the gjp and vp had won six seats each Group (vdp, 4 Feb 2016). compared to only three for the rmc. As is usual in Vanuatu during The new government cabinet, which the period of coalition formation, was confirmed when Parliament sat the opposing camp, which included for the first time on 12 February 2016, members of the Kilman-led caretaker consisted of eight parties and two government, disavowed the claims of independents—seven Anglophones the ufc, announcing to the Vanuatu and six Francophones. Daily Post that they themselves would Despite a few shifts in party loy- be forming the new government when alty, the new coalition government Parliament met for the first time on 12 remained fairly stable during the first February. However, with word spread- half of the year. The only significant ing that the ufc group was discussing changes occurred in April, when a joint policy platform for the first recount of votes for the Efate rural one hundred days and negotiating the constituency led to the runner-up in difficult task of sharing ministerial the four-seat constituency, gjp can- portfolios, the expectation was strong didate Gillion William, replacing the that the old, criminally tainted govern- mpp candidate Nato Taiwia, who had ment of Sato Kilman had been swept served briefly as minister of youth and away (vdp, 9 Feb, 10 Feb 2016). sport (vdp, 13 April, 25 April 2016). At the Pele meeting, reelected gjp In addition, a gjp candidate, Uri leader Ralph Regenvanu was a prime Warawara, won in a by-election for mover in the negotiations on govern- the Malo/Aore constituency following ment formation, and the results reflect the death of the successful Nagriamel well his desire to see a new beginning candidate in January (vdp, 18 June, in Vanuatu politics. He is committed 30 June 2016). The effect of these two to the idea of promoting new politi- events was to increase the total num- cal alliances—balancing both Anglo- ber of gjp mps from 6 to 8, making it phones and Francophones—to replace the largest party in Parliament. the old divisions that since the 1990s The party that seemed to have had only led to political instability difficulty getting organized after the and chaos. Not surprising, there- election was the ump, which initially fore, the newly elected mps quickly committed itself to join in forming coalesced around the candidacy of the new government in February. political reviews • melanesia 365

However, the party executive was in items (vdp, 15 Sept 2016). Luckily for conflict due to the fact that the party the government, it had a solid base of leader, Serge Vohor, was in jail and member support, which meant it could continued to try to exert his influence survive such party instability. (Vanuatu Daily Digest, 5 Feb 2016). The 100 Days Plan, which Prime By April, the party was split, with half Minister Salwai launched on 26 continuing to endorse Vohor as presi- February, focused on development dent and the other half refusing to give priorities. First mentioned was the support (vdp, 22 April 2016). By May, examination of the country’s financial the split deepened with Vohor opening situation—to put in place cost-cutting the ump congress via telephone from measures and explore possible new the Low Risk Correctional Services sources of revenue, including a review facility where he was imprisoned and of the tax base. Related to this, the being elected the party’s president with new government expressed the desire Ishmael Kalsakau as deputy. Within to see an increase in the participation forty-eight hours, a second president, of Ni-Vanuatu in the economic sector, Jacques Mariango, was elected by the including trade and tourism, and saw opposing faction, based on Efate (vdp, the strengthening of the coopera- 21 May 2016). By late June, the split tive movement as vital to achieving had reached the point that one of the this objective. The plan specifically ump Efate mps, Norris Jack Kalmet, mentioned the implementation of had joined the government as the new the Land Law Reform, which had minister for youth and sport (vdp, 29 begun with the passage in 2015 of the June 2016). The Vohor faction with Custom Land Management Act and Ishmael Kalsakau as deputy remained focused on strengthening procedures in Opposition. related to land leasing to better protect Yet another shift in party loyalty the rights of custom owners. With related to the ump occurred in April, regard to internal affairs, the govern- when three Iauko Group mps decided ment highlighted its aim to review the to join the Efate faction in support of decentralization policy and to work the Salwai government (vdp, 23 April toward strengthening the Vanuatu 2016). In late May, two other Iauko Police Force, which still suffers from Group members defected and joined weaknesses in leadership. The plan the ppp—the result being that for the pointed to the need to review Vanu- moment the Iauko Group disappeared atu’s various international agreements as an independent political party in and relationships and, as would be Parliament (vdp, 30 May 2016). By expected, there was a focus on the mid-September, the Iauko Group had various social sectors, including the reconstituted itself and agreed to work judiciary, health, and education (vdp, together with the vp—from which it 27 Feb 2016). had split several years earlier—and the The Opposition bloc was quick to five mps confirmed their willingness to comment on the policies announced cooperate in a custom reconciliation by the new government, claiming ceremony involving the killing of a pig strangely that pardoning of the four- and the exchanging of mats and other teen imprisoned politicians was one 366 the contemporary pacific • 29:2 (2017) of the features of the 100 Days Plan. served just three months of their three- The Prime Minister’s Office responded and four-year jail terms. that the issue of pardon was “not It should be noted that while a development” and therefore not a Community Parole Board considers “prioritized target” of the govern- a parole application, under chap- ment. With some of their own party ter 6, article 38 of the constitution, leaders imprisoned, Opposition mem- “The President of the Republic may bers were determined to find a way to pardon, commute or reduce a sentence achieve their release or at least reduce imposed on a person convicted of an their sentences. The fate of the impris- offence. Parliament may provide for oned politicians, convicted of bribery a committee to advise the President in charges in October 2015, continued the exercise of this function” (Con- to be a focus of attention throughout stitution of the Republic of Vanuatu most of 2016. 2006). With the events of Octo- Indeed, one day before the new ber 2015 in mind (when the acting government was sworn in—when president, Marcellino Pipite, pardoned the government was still in care- himself and some of the other politi- taker mode under Sato Kilman—the cians who had been convicted on imprisoned politicians applied to the bribery charges before they could be Parole Board to be considered for sentenced), Parliament decided to take early release. All the applications up the option provided in article 38 requested consideration on compas- and tabled a motion to set up such sionate grounds—several citing health a committee to advise the president. reasons. Likewise, the day before the Over objections from the Opposition release of the 100 Days Plan, Leader that the mechanisms pertaining to the of the Opposition Ishmael Kalkasau functioning of the committee were not (ump) called on the head of state, specified, the motion passed with 33 President Baldwin Lonsdale, and votes in favor to 9 against (vdp, 26 raised the possibility of pardoning the March 2016). imprisoned politicians (vdp, 29 Feb The next chapter in the saga of 2016). A further request for parole the convicted politicians began in consideration was rejected at a meet- April, when two of the fifteen mps ing of the Parole Board in early March convicted of bribery the previous (vdp, 4 March 2016). year—Willy Jimmy, who was serv- These efforts were unsuccessful ing a suspended sentence, and Silas because of the simple fact that, under Yatan, who was still in jail—appeared section 51(1) of the Correctional before the Appeal Court to challenge Services Act [Eligibility for Parole], the their dismissal as leaders (vdp, 9 April prisoners were not eligible. The act 2016). In the 2015 bribery trial, Judge stipulates that “a detainee is eligible Mary Sey had charged the accused for consideration by a community mps under the Penal Code, leaving the parole board for release on parole issue of breaches under the Leader- upon the expiry of a half of his or her ship Code to be dealt with later. Judge sentence” (Correctional Services Act Sey had made this decision due to an 2006). At this point, the fourteen had earlier ruling that an irregularity had political reviews • melanesia 367 occurred with regard to the alleged Thomas Laken, Jean-Yves Chabot, breaches of the Leadership Code. Jonas James, and lawyer Wilson Following an appeal to the Supreme Iauma (vdp, 11 May 2016). It should Court by the public prosecutor for be noted that Moana Carcasses Kalosil clarification in view of the convic- attended the meeting at Mangoes tions handed down under the Penal Restaurant (in Port Vila) where an Code, Judge David Chetwynd con- agreement was made to attempt a firmed orders, as stipulated under the pardon, but he chose not to become Leadership Code, “dismissing all the involved. Likewise, Serge Vohor, John Defendants from office and disqualify- Amos, and Stephen Kalsakau, appar- ing them from standing for election ently, did not get involved. The case or being appointed as a leader of any involved several months of prepara- kind for a period of 10 years” (vusc tion, with the recruitment by the 2015). defendants of foreign lawyers and a The appeal was based on the argu- pretrial hearing (vdp, 10 June 2016). ment that the two former mps “were The charges involved the activi- no longer leaders when the ban was ties of the defendants over three days, made December last year [2015] after 9–11 October 2015, which took the Leadership Code charges were place at Mangoes Restaurant and the invoked by the Public Prosecutor. . . . Ministry of Infrastructure and Public Willy Jimmy and Silas Yatan claimed Utilities, and concerned the plotting the December decision should have and execution of a plan—includ- happened earlier in October when ing the formulation and printing of they were initially convicted for brib- documents—to use the absence of the ery and corruption.” The view of the president from Vanuatu to affect their Appeal Court was, however, that the pardon in the bribery and corruption argument was “misconceived” and case. The case lasted for two weeks in that the Supreme Court’s decision to August (vdp, 3 Aug, 4 Aug, 9–12 Aug, ban the fourteen convicted politicians 16 Aug, 17 Aug 2016). The onus to from holding office for ten years was prove guilt lay with the prosecution, correct (vdp, 15 April, 16 April 2016). and it was the conclusion of presid- The next major chapter in the ing Supreme Court Justice David bribery and corruption saga was the Chetwynd that all the defendants case against eleven of the jailed politi- were “guilty of conspiracy to defeat, cians and one of their assisting lawyers obstruct or prevent the course of jus- on charges of conspiracy to defeat tice in that they all, between the time the course of justice, related to the of conviction on 9th October 2015 decision by the acting president at the and 11th October 2015, asked for or time, Marcellino Pipite—the president arranged pardons to be granted with was overseas—to pardon himself the intention that they escaped any and ten other convicted, but not yet sanction of the Court” (vusc 2016a). charged, mps. In addition to Pipite, the Sentencing took place at the end group included Paul Telukluk, Silas of September (vdp, 30 Sept 2016). Yatan, Tony Nari, John Amos, Arnold Judge Chetwynd based his decisions Prasad, Tony Wright, Sebastien Harry, on the degree to which he felt each 368 the contemporary pacific • 29:2 (2017) of the individuals had been involved they were asked by their lawyers to in promoting the illegal pardon. He appear in the Magistrate Court with viewed Marcellino Pipite as having regard to the bribery charges—Parlia- been the “lynch pin in this conspir- ment was in session. As a result, they acy. . . [and] the most culpable of all claimed that their appearance involved the defendants” and gave him four a prosecution of the applicants in years. Toni Nari was also seen as “one breach of article 27 (2) of the constitu- of the prime movers . . . His enthu- tion, which states that no member of siasm and his eagerness at the very Parliament “may, during a session of early stages of the conspiracy drove Parliament or of one of its commit- the others on” and he was sentenced tees, be arrested or prosecuted for any to three years and six months. The offence, except with the authorization remaining mps—with the excep- of Parliament in exceptional circum- tion of Jonas James, who received a stances.” As a result, the application sentence of two years—were all given called for the decision of the 2015 sentences of between two years and bribery case and its subsequent cases three months and three years and to be quashed. The chief justice ruled six months in addition to time given when hearing the case that it should for the bribery offense. Comment- be dealt with by the Supreme Court ing that he recognized that Wilson (vuca 2016). Iauma, the only lawyer charged in the When the case was heard in conspiracy, had faced heavy pressure November 2016, Supreme Court from his employer, the judge felt that Judge J P Geoghegan dismissed the “as a lawyer and officer of the court claim that the constitutional rights of he should, quite frankly, have known the former mps had been breached. better. . . . [and that] all the lawyers He based his decision on the fact that involved should face some sanction.” the 12 June 2015 hearing “was not Iauma was sentenced to two years and a hearing which the applicants were nine months in addition to the time required to attend or which they given for the bribery offense (vusc were compelled in any way to attend. 2016b). They were not subject to bail condi- In mid-October the seven jailed tions at that time and had not been former mps made a last attempt to served with summonses to attend find a way to freedom. On 13 Octo- Court. In the circumstances they were ber 2016, they testified in the Appeal completely within their rights not Court in a case lodged by Moana to attend Court and the advice that Carcasses Kalosil in July 2016 on they received from their lawyers was behalf of all fourteen imprisoned wrong” (vusc 2016c). This did not former mps, claiming that “they were end the discussion of the imprisoned protected by parliamentary immunity mps, but it ceased at least for the rest when prosecuted for bribery last year of the year. [2015]” (vdp, 15 Oct 2016). The crux In June, a topic that had been under of their argument was that during discussion by a special committee for the period between 8 and 16 June in months—the Taskforce for Politi- 2015—during which time (on 12 June) cal Reform led by Minister of Lands political reviews • melanesia 369

Ralph Regenvanu—seemed at last to ers of the prime minister and other have reached the point where serious ministers following the dissolution public consideration and government of Parliament and before an election; action might be possible and it was regulate the occurrence of votes of no announced that a special sitting of confidence against the prime minister; Parliament would be arranged to table and expand the definition of a leader and debate proposed changes to the to include individuals in the private constitution. There had been attempts sector working with the government in the past—in 1994 and 2004—to (vdp, 4 June 2016). address this issue in response to the Within a few days, the Opposition increasing political instability related let it be known that they were not in to the continual need to create coali- support of the constitutional changes, tions of parties in order to govern, that is, that they did not support the but they failed to gain the necessary government’s strategy. The leader parliamentary support to proceed. of the Opposition, seasoned lawyer The fact that the government, with Ishmael Kalsakau, was very clear thirty-nine mps, held an overwhelming when he announced that “the Gov- majority and, in effect, the two-thirds ernment needs to consult the people of Vanuatu’s fifty-two-seat Parliament before bringing any amendments to amend the constitution, motivated to the Constitution to Parliament” the new government to move ahead. (vdp, 8 June 2016). He reminded the A bill was prepared incorporat- government that while the constitution ing twenty-five amendments, the permits amendments to be passed by 7th Constitutional Amendment to Parliament with a two-thirds majority Vanuatu’s Supreme Law, which the of mps present (article 85), it stipulates government planned to debate in a under article 86 that any amendment special sitting of Parliament scheduled bill “regarding the status of Bislama, to take place on 9 June 2016. English and French, the electoral Broadly, the amendments were system, or the parliamentary system, designed to enable the regulation of passed by Parliament under Article 85, political parties; safeguard political shall not come into effect unless it has stability by imposing certain restric- been supported in a national referen- tions on elected candidates and dum.” Clearly, most of the proposed parties; regulate the involvement of changes related to the electoral system naturalized citizens in Vanuatu poli- and parliamentary system and would tics; enable the regulation of reserved require a referendum to enable their seats for women; regulate cost- adoption into the constitution. effective election procedures; change It was not surprising, therefore, the procedure for the appointment of when the Opposition boycotted the the Speaker of Parliament; provide first session of the special sitting, for the independence of the auditor preventing Parliament from proceed- general; extend the life of Parliament ing. The number of mps present was from the current four to five years; 35, that is, 4 short of the 39 (75%) regulate the powers of Parliament to required for a quorum. The Speaker dissolve Parliament; regulate the pow- advised that the next sitting would be 370 the contemporary pacific • 29:2 (2017) delayed for a week to 16 June, when would appoint a twenty-seven-mem- only a two-thirds majority of mps ber Bipartisan Constitutional Review would be required for the sitting to Committee to debate how to reduce go ahead. At the same time, in obvi- Vanuatu’s endemic political instabil- ous response to the objections raised ity. Members would include the leader by the Opposition, the prime minister of the Opposition, representatives of announced that the government had each of the political parties in Parlia- decided to table a motion to establish ment, two independent mps chosen a Constitutional Reform Committee, by the Speaker, and representatives which would initiate public discussion from the Vanuatu Christian Coun- before proceeding to a referendum cil, Malvatumauri National Council (vdp, 10 June 2016). of Chiefs, Department of Women’s In the meantime, preparation was Affairs, National Youth Council, underway for the first ordinary session Chamber of Commerce, Council of of Parliament to meet on 13 June to Trade Unions, Vanuatu Association debate twelve other bills (vdp, 11 June of Non-Governmental Organisations 2016). However, before Parliament (vango), and Disabled Society. It was could sit, following an urgent consti- reported that the mps agreed unani- tutional petition filed by the leader of mously to take all issues requiring a the Opposition, Supreme Court Judge referendum to the committee. Minister Oliver Saksak restrained the Speaker Regenvanu informed the press that from convening and opening the first a massive awareness campaign was ordinary session. The argument from planned to be presented around the Ishmael Kalsakau was that there had country in August (Vanuatu Daily been an infringement of the consti- Digest, 17 June, 21 June 2016). tution “because the Speaker has no Another major issue that aroused power to call to order another session significant debate—increasing as the while a Special Sitting is in motion” year progressed—was an announce- (vdp, 14 June 2016). The next day, the ment following from the 100 Days Supreme Court refused a stay order Plan to instigate a “national revenue application from the Speaker and, at review reform” with “the possibil- the same time, the leader of the Oppo- ity of introducing new forms of taxes sition defended his action—not as such as the personal income and “political point scoring” but merely as corporate tax to help bring the desired a “constitutional issue affecting rights revenue level needed” (vdp, 15 June [that] should not be dramatized into a 2016). A month later, the first serious political issue” (vdp, 16 June 2016). opposition emerged with the Chamber The special parliamentary sitting of Commerce voicing its concern that took place with fifty mps present, “imposing an income tax will drive during which it was agreed to estab- away foreign investment” and that lish a Parliamentary Ad Hoc Commit- the Value Added Tax (vat) should be tee to consult with the people over the raised instead and efforts to improve proposed 7th Constitutional Amend- compliance instigated (vdp, 21 July ment to Vanuatu’s Supreme Law. It 2016). Government planning, how- was planned that the prime minister ever, continued with the announce- political reviews • melanesia 371 ment in August that the Cabinet of Oct 2016). By the end of October, the Ministers had approved a new tax Tourism Owners Association spoke plan, expressing the argument that “as out strongly against the introduction the demand for services continues to of income and corporate taxes, argu- grow, the Government is finding it dif- ing that their investments would be ficult to finance these demands” (vdp, significantly harmed. 18 Aug 2016). The plan would require By this point, the government anyone to pay income tax who earned seemed to back off on the issue— more than 500,000 vatu per year, an responding, perhaps, to the fact amount that was eventually increased that tourism, recognized as the most to 750,000 vatu [100 vatu = us$.90] important source of revenue for the (vdp, 25 Aug 2016). To lead public government, was increasing. Indeed, discussion, the government established there had been significant criticism of a Revenue Review Team, which held the government regarding the slow a number of meetings in an attempt pace of repairing the main airport to gather public reaction and expand runway at Bauerfield in Port Vila. public support. The problem had existed for several Opposition to the new tax propos- years and had worsened since 2015, als began to mount in September with due most likely to damage caused by comments appearing in the Daily Post the heavy military cargo planes that and on talk radio from representa- had been used to ferry relief supplies tives of the business community, who to Vanuatu in the wake of Cyclone took the position that the income Pam. In January, Air New Zealand threshold was too low (vdp, 1 Sept suspended service to Port Vila due 2016). The Opposition also voiced to the damaged airstrip and Virgin its disapproval of the tax proposals Airlines followed suit a few days and urged the government to “con- later (vdp, 23 Jan, 29 Jan 2016). sider other revenue raising measures Qantas also stopped its codeshare before considering introducing income arrangements with Air Vanuatu, and corporate taxes in Vanuatu”; the leaving only the national airline, Fiji government responded that it would Airlines, and Solomon Airlines to embark on a nationwide consultation service Vanuatu (vdp, 25 April 2016). regarding the income tax plan (vdp, Virgin resumed flying in May, but 12 Sept, 13 Sept 2016). There were the other two major overseas carriers mixed reactions to the plan, with the remained absent from Vanuatu skies leader of the Opposition speaking for the remainder of the year (vdp, out most strongly against it (vdp, 21 24 May 2016). The impact on the Sept, 22 Sept 2016). The government tourist industry was significant and responded by accusing him of “speak- remained a major issue for the govern- ing for the interests of a small group ment for the rest of the year, adding of businessmen who are his friends” to economic concerns and increasing and criticized him for trying to force pressure. Sorting this out has revealed the Speaker to convene the 2nd Ordi- the negative impacts of political inter- nary Session of Parliament, creating ference in bodies like Airports Vanu- confusion among the public (vdp, 3 atu. Air Vanuatu ultimately needed a 372 the contemporary pacific • 29:2 (2017) us$4 million government bailout to Parliament was scheduled to open keep operating. on 8 December, but the Opposition By November, a combination of mps boycotted the session, though events began to create a sense that thirty-three mps on the government the government might be under side were present. Since a two-thirds threat. Opposition groups had expe- majority is required for the first rienced consecutive defeats related sitting, the Speaker ruled that the to the fate of their imprisoned com- opening would be delayed until the rades. In August, those involved following week—Monday, 12 Decem- with Marcellino Pipite in attempting ber. As a result of the situation, Parlia- to “defeat, obstruct or prevent the ment was not scheduled to meet for course of justice” (vusc 2016a) had certain in the next week for its Special been convicted and sentenced, and Sitting to debate the Report of the in November the appeal by Moana Ad-Hoc Committee on Constitutional Carcasses Kalosil to have all charges Review (vdp, 9 Dec 2016). However, dismissed—arguing that their right under the circumstances, the prime to immunity had been violated—was minister requested that the Special rejected (vusc 2016c). Likewise, the Sitting be canceled. By the following government was finding it difficult to week, when Parliament met for its make progress with either its pro- Ordinary Session, it was clear that the posed constitutional changes or tax Opposition did not have the number reform. The inclination of some mps of votes to prevail, with thirty-three to switch party allegiance may have mps sitting on the government side; led the Opposition to think that they the deputy leader, therefore, withdrew had a chance to topple the government the motion. The Salwai government and, therefore, they made plans to act thus remained in power as the year during the forthcoming 2nd Ordinary came to an end. Session of Parliament. howard van trease On Wednesday, 24 November, the Speaker announced that he had received a motion of no confidence References signed by thirty-one mps, though six of the signatures had since been with- Constitution of the Republic of Vanuatu. drawn, and that it was in order and 2006. Available from Pacific Islands Legal Information Institute: would be dealt with on November. 30 http://www.paclii.org Reasons given for the motion included objections to the amendments to the Correctional Services Act. 2006. Vanuatu constitution, opposition to the pro- Consolidated Legislation. Available from posed tax reforms, and criticism of the Pacific Island Legal Information Institute: http://www.paclii.org prime minister’s recent trip to China. The prime minister made several Early, Robert. 2016. Vanuatu Parliamen- changes to his ministerial portfolios in tary Snap Election 2016: Some Additional an attempt to strengthen the govern- Tables of Results. Manuscript in author’s files. ment’s position (vdp, 24 Nov 2016). The 2nd Ordinary Session of Leadership Code Act. 2006. Vanuatu political reviews • melanesia 373

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